Published on:

Get Out Of Here!

Evictions of nursing home residents are on the rise according to a recent article in the Wall Street Journal. As many nursing homes face budget cuts, they are seeking to reduce the number of Medicaid residents in favor of higher paying Medicare or self-pay residents that pay the facility a substantially higher daily rate.  Under federal law, nursing homes can only involuntarily discharge patients for the following reasons:

  1. If the resident is well enough to go home.discharge
  2. Discharge the resident for care only available elsewhere.
  3. Danger to the safety of other residents.
  4. Danger to the health of other residents.
  5. Failing to pay bills.
  6. If the facility shuts down.

Most states provide little guidance for nursing home residents facing eviction.  Moreover, there is little guidance for what procedure residents can take to contest their evictions.  Even if a person can persuade the nursing home to continue to let them remain at the facility, it is probably not a good enviornment for the person to remain.  Think about it, would you really want to live in a place where it is obvious you are not wanted?  Will you really be receiving the most attentive care?  Is the staff really going to look out for your best interest.

If you are faced with eviction from your current facility it is best to contact your state ombudsman.

Client Reviews

  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
    ★★★★★
  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
    ★★★★★
  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
    ★★★★★
  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
    ★★★★★
  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.
    ★★★★★